[Congressional Record Volume 158, Number 97 (Tuesday, June 26, 2012)]
[House]
[Pages H4011-H4014]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
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AVIATION SECURITY STAKEHOLDER PARTICIPATION ACT OF 2012
Mr. KING of New York. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 1447) to amend title 49, United States Code, to
direct the Assistant Secretary of Homeland Security (Transportation
Security Administration) to establish an Aviation Security Advisory
Committee, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1447
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aviation Security
Stakeholder Participation Act of 2012''.
SEC. 2. AVIATION SECURITY ADVISORY COMMITTEE.
(a) In General.--Subchapter II of chapter 449 of title 49,
United States Code, is amended by adding at the end the
following:
``Sec. 44946. Aviation Security Advisory Committee
``(a) Establishment.--The Assistant Secretary shall
establish within the Transportation Security Administration
an advisory committee to be known as the Aviation Security
Advisory Committee.
``(b) Duties.--
``(1) In general.--The Advisory Committee shall be
consulted by and advise the Assistant Secretary on aviation
security matters, including the development and
implementation of policies, programs, rulemaking, and
security directives pertaining to aviation security.
``(2) Recommendations.--
``(A) In general.--The Advisory Committee shall develop, at
the request of the Assistant Secretary, recommendations for
improvements to aviation security.
``(B) Recommendations of working groups.--Recommendations
agreed upon by the working groups established under this
section shall be approved by the Advisory Committee for
transmission to the Assistant Secretary.
``(3) Periodic reports.--The Advisory Committee shall
periodically submit to the Assistant Secretary--
``(A) reports on matters identified by the Assistant
Secretary; and
``(B) reports on other matters identified by a majority of
the members of the Advisory Committee.
``(4) Annual report.--The Advisory Committee shall submit
to the Assistant Secretary an annual report providing
information on the activities, findings, and recommendations
of the Advisory Committee, including its working groups, for
the preceding year.
``(c) Membership.--
``(1) Appointment.--
``(A) In general.--Not later than 180 days after the date
of enactment of this section, the Assistant Secretary shall
appoint the members of the Advisory Committee.
``(B) Composition.--The membership shall consist of
individuals representing not more than 27 member
organizations. Each organization shall be represented by one
individual (or the individual's designee).
``(C) Representation.--The membership shall include
representatives of air carriers, all cargo air
transportation, indirect air carriers, labor organizations
representing air
[[Page H4012]]
carrier employees, aircraft manufacturers, airport operators,
general aviation, privacy, the travel industry, and the
aviation technology security industry, including biometrics.
``(2) Removal.--The Assistant Secretary may review the
participation of a member of the Advisory Committee and
remove the member for cause at any time.
``(3) Prohibition on compensation.--The members of the
Advisory Committee shall not receive pay, allowances, or
benefits from the Government by reason of their service on
the Advisory Committee.
``(4) Meetings.--The Assistant Secretary shall require the
Advisory Committee to meet at least semiannually and may
convene additional meetings as necessary.
``(d) Air Cargo Security Working Group.--
``(1) In general.--The Assistant Secretary shall establish
within the Advisory Committee an air cargo security working
group to provide recommendations on air cargo security
issues, including the implementation of the air cargo
security programs established by the Transportation Security
Administration to screen air cargo on passenger aircraft and
all-cargo aircraft in accordance with established cargo
screening mandates.
``(2) Meetings and reporting.--The working group shall meet
at least quarterly and submit information, including
recommendations, regarding air cargo security to the Advisory
Committee for inclusion in the annual report. The submissions
shall include recommendations to improve the Administration's
cargo security initiatives established to meet the
requirements of section 44901(g).
``(3) Membership.--The working group shall--
``(A) include members of the Advisory Committee with
expertise in air cargo operations; and
``(B) be cochaired by a Government and industry official.
``(e) General Aviation Security Working Group.--
``(1) In general.--The Assistant Secretary shall establish
within the Advisory Committee a general aviation working
group to provide recommendations on transportation security
issues for general aviation facilities, general aviation
aircraft, and helicopter operations at general aviation and
commercial service airports.
``(2) Meetings and reporting.--The working group shall meet
at least quarterly and submit information, including
recommendations, regarding aviation security at general
aviation airports to the Advisory Committee for inclusion in
the annual report.
``(3) Membership.--The working group shall--
``(A) include members of the Advisory Committee with
expertise in general aviation; and
``(B) be cochaired by a Government and industry official.
``(f) Perimeter Security Working Group.--
``(1) In general.--The Assistant Secretary shall establish
within the Advisory Committee an airport perimeter security
working group to provide recommendations on airport perimeter
security and access control issues.
``(2) Meetings and reporting.--The working group shall meet
at least quarterly and submit information, including
recommendations, regarding improving perimeter security and
access control procedures at commercial service and general
aviation airports to the Advisory Committee for inclusion in
the annual report.
``(3) Membership.--The working group shall--
``(A) include members of the Advisory Committee with
expertise in airport perimeter security and access control
issues; and
``(B) be cochaired by a Government and industry official.
``(g) Nonapplicability of FACA.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Advisory
Committee or its working groups.
``(h) Definitions.--In this section, the following
definitions apply:
``(1) Advisory committee.--The term `Advisory Committee'
means the Aviation Security Advisory Committee to be
established under subsection (a).
``(2) Annual report.--The term `annual report' means the
annual report required under subsection (a).
``(3) Assistant secretary.--The term `Assistant Secretary'
means the Assistant Secretary of Homeland Security
(Transportation Security Administration).
``(4) Perimeter security.--The term `perimeter security'--
``(A) means procedures or systems to monitor, secure, and
prevent unauthorized access to an airport, including its
airfield and terminal; and
``(B) includes the fence area surrounding an airport,
access gates, and access controls.''.
(b) Clerical Amendment.--The analysis for such subchapter
is amended by adding at the end the following:
``44946. Aviation Security Advisory Committee.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. King) and the gentleman from Mississippi (Mr. Thompson) each
will control 20 minutes.
The Chair recognizes the gentleman from New York.
General Leave
Mr. KING of New York. Mr. Speaker, I ask unanimous consent that all
Members have 5 legislative days within which to revise and extend their
remarks and include any extraneous material on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. KING of New York. Mr. Speaker, I yield myself such time as I may
consume.
I rise in support of H.R. 1447, the Aviation Security Stakeholder
Participation Act of 2012. I commend Ranking Member Thompson for his
dedicated work in this area.
The FAA established the Aviation Security Advisory Committee in 1989
following the bombing of Pan American World Airways Flight 103. When
TSA was created, the sponsorship of ASAC transferred to TSA, and it
continued to provide a mechanism for industry and other outside
stakeholders to inform the Federal Government's decisionmaking on
aviation security matters.
Despite its important contributions to security, TSA allowed the
ASAC's charter to expire. Last year, TSA revived the ASAC with the
strong support of industry. Homeland Security Secretary Napolitano
subsequently appointed 24 new ASAC members.
H.R. 1447 simply codifies the ASAC, which exists today, and ensures
that it remains intact, providing necessary stakeholder guidance to
TSA. It establishes important working groups focused on air cargo,
general aviation, and airport perimeter security, all of which have
unique challenges that require a collaborative effort to solve.
In these difficult economic times, it is essential for TSA to get the
input of stakeholders on security procedures and technology to ensure
that it is spending its limited resources on initiatives that will
enhance security for the traveling public without compromising the
freedom of people and goods to move freely.
I urge the adoption of this bipartisan bill, and I reserve the
balance of my time.
Mr. THOMPSON of Mississippi. Mr. Speaker, I yield myself such time as
I may consume.
I rise in strong support of H.R. 1447, the Aviation Security
Stakeholder Participation Act. Mr. Speaker, effective coordination
between stakeholders and their regulators is critical to the
implementation of policies that work. To that end, we have the
responsibility to ensure that policy is informed by the realities on
the ground. Arguably, nowhere is the need for policy coordination more
important than at our Nation's airports.
Given that the aviation sector remains an attractive target for
terrorists, the difference between a security policy that works and one
that does not can be all that stands between life and death.
That is why I introduced H.R. 1447, the Aviation Security Stakeholder
Participation Act. This legislation will ensure that the voices of
those subject to policies and protocols put in place by TSA are heard
and their recommendations are considered. It does so by directing the
TSA to establish an Aviation Security Advisory Committee.
For years, such an advisory committee existed and worked effectively
with TSA on matters such as aviation security methods, equipment, and
procedures. For instance, in 2003, the ASAC's cargo working group,
which included the Cargo Airline Association, made recommendations that
formed the basis of TSA's program for 100 percent screening of air
cargo. Unfortunately, during the last administration, the charter for
this advisory committee was allowed to lapse, and the committee ceased
operations.
While I am pleased that in response to my bill, the Obama
administration reestablished this committee on its own authority, I
strongly believe that it is critical that the Aviation Security
Advisory Committee be codified in law to ensure that TSA's aviation
security policy continues to be informed by the private sector. That is
why my bill would, for the first time, establish the Aviation Security
Advisory Committee in statute and require representatives from up to 27
member organizations participate.
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I introduced H.R. 1447 in April of 2011, with the ranking member of
the Transportation Security Subcommittee of the Committee on Homeland
Security, Representative Jackson Lee. It was favorably reported on a
bipartisan basis in November 2011.
TSA has the responsibility to secure the American public from threats
posed to our transportation sector. However, it cannot do so in a
vacuum. TSA must leverage technical and operational expertise from our
Nation's airports to deliver a collaborative and robust security system
across our aviation sector. Strong partnerships with aviation
stakeholders are critical to informing aviation security policy.
Just last month, the committee received testimony from the Airport
Minority Advisory Council about arbitrary limitations set forth by TSA
on the issuance of airport worker badges to airport-based small
businesses, like newsstands, coffee, and souvenir shops. Since then,
TSA has committed to reevaluate the policy and work with the private
sector to address the concerns raised.
This is just one example of how a TSA policy--developed without input
from the advisory committee--was not informed by economic realities.
Now TSA is in the position of having to revisit this and other ill-
informed policies to ensure that they enhance security in a manner that
does not unduly burden the private sector.
My bill also directs the administrator of TSA to establish three
targeted working groups to address the unique homeland security
challenges related to air cargo security, general aviation security,
and perimeter security.
Mr. Speaker, all of us have a stake in ensuring the security of our
Nation. Let us pass this bill so that stakeholders who are expected to
comply with the policies and procedures developed by TSA have a seat at
the table. That way, we can be confident that TSA's policies are both
effective from the security standpoint and address the economic and
commercial realities of our Nation's airports.
Before reserving the balance of my time, Mr. Speaker, I would like to
engage in a brief colloquy with the gentleman from New York, the
chairman of the Committee on Homeland Security, Mr. King.
Mr. Speaker, as this bill has made its way to the House floor, the
chairman and I have been engaged in ongoing dialogue over how to strike
the right balance on who should be represented on the Aviation Security
Advisory Committee. I am dedicated to ensuring that the voices of
passengers and small and minority-owned businesses impacted by TSA's
policies, procedures, and regulations are heard. It is important
persons representing those groups have a seat at the table when TSA
makes decisions that affect both passengers' rights and businesses'
bottom line.
With that, Mr. Speaker, I yield to the gentleman from New York for
his assurance that as this bill continues its movement through the
legislative process, he will work with me to ensure these important
populations are included in this Aviation Security Advisory Committee
legislation.
Mr. KING of New York. Mr. Speaker, I thank the ranking member for
yielding.
I agree to work with him moving forward to ensure that this issue is
addressed in a manner to ensure this participation.
Mr. THOMPSON of Mississippi. I thank the gentleman from New York for
his commitment.
I reserve the balance of my time.
Mr. KING of New York. Mr. Speaker, I have no further requests for
time. If the gentleman from Mississippi has, no further requests for
time, I am prepared to close, once the gentleman does.
Mr. THOMPSON of Mississippi. Mr. Speaker, I have no further requests
for time. Since the gentleman from New York is prepared to close, I
also am prepared to close.
I would like to express my gratitude to all the members of the
Committee on Homeland Security for their unanimous support of this
legislation when it was considered by the committee last September.
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While the Committee on Homeland Security has not been as active on
the legislative front as I had hoped it would be this Congress, I am
pleased that several discrete bills introduced by both Democrats and
Republicans have received bipartisan support on the House floor during
the last month.
Mr. Speaker, I urge all my colleagues to vote ``aye'' on the Aviation
Security Stakeholder Participation Act, and I yield back the balance of
my time.
U.S. Travel Association,
June 25, 2012.
Hon. Peter King,
Chairman, House Committee on Homeland Security, Washington,
DC.
Hon. Bennie G. Thompson,
Ranking Member, House Committee on Homeland Security,
Washington, DC.
Dear Chairman King and Ranking Member Thompson: On behalf
of the U.S. Travel Association, I write in strong support of
H.R. 1447, the ``Aviation Security Stakeholder Participation
Act of 2011'', which is on the House of Representatives
suspension calendar for tomorrow, June 26.
As you know, H.R. 1447 reconstitutes and codifies the
Aviation Security Advisory Committee (ASAC), provides the
Department of Homeland Security (DHS) and the Transportation
Security Administration (TSA) with an updated vision for
engaging aviation security stakeholders and, importantly,
updates the categories of organizations considered for ASAC
membership. The bill will help to strengthen aviation
security, assist in the development of a more efficient
passenger screening process, and enhance the existing
relationship between TSA and the travel industry.
Restarting the ASAC was a key recommendation of our report
on aviation security, titled ``A Better Way'', which sets out
a clear path for improving the TSA passenger screening
process.
Thank you for your support of this legislation, and we look
forward to working with you on the many aviation security
issues facing our nation's commercial aviation passengers.
Sincerely,
Roger J. Dow,
President and CEO.
____
June 25, 2012.
Hon. Bennie Thompson,
Ranking Member, Committee on Homeland Security, House of
Representatives, Washington, DC.
Dear Ranking Member Thompson: On behalf of the members of
the Cargo Airline Association, I am writing to thank you for
the introduction of H.R. 1447, the Aviation Stakeholder
Participation Act. This Bill would require the re-
establishment of an Aviation Security Advisory Committee
(ASAC) to facilitate communications between the
Transportation Security Administration (TSA) and the aviation
industry.
Historically, the ASAC formed the basis of major
initiatives, with industry members working closely with
Government Agencies to address a variety of security-related
issues. These issues have been traditionally discussed in
various Working Groups established under the ASAC umbrella. A
prime example of the utility of this structure was the
establishment of three air cargo Working Groups formed to
develop proposed new regulations to address air cargo
security threats after the September 11, 2001, attacks. The
recommendations of these Working Groups eventually formed the
basis of an entirely new TSA air cargo regulatory scheme.
Unfortunately, the ASAC charter expired several years ago and
today no government-industry advisory committee exists.
H.R. 1447 would correct this problem and contains a
mandate, not only for ASAC itself, but also for various
Working Groups that would address the key issues of the day.
This re-establishment of ASAC is long overdue and we support
your efforts. Please do not hesitate to contact us if you
have any questions.
Sincerely yours,
Stephen A. Alterman,
President.
____
Airports Council International,
June 25, 2012.
Hon. Bennie G. Thompson,
Ranking Member, House Committee on Homeland Security,
Washington, DC.
Dear Ranking Member Thompson: On behalf of the Airports
Council International--North America (ACI-NA), which
represents 334 local, regional, and state governing bodies
that own and operate commercial airports throughout the
United States, I am pleased to offer our endorsement of H.R.
1447, the Aviation Security Stakeholder Participation Act of
2011.
Airport operators have long advocated for the
Transportation Security Administration (TSA) to re-establish
the Aviation Security Advisory Committee (ASAC). The ASAC
allowed aviation stakeholders, including airport operators to
advise TSA on aviation security policies, programs,
rulemakings and security directives pertaining to aviation
security. H.R. 1447 would allow the ASAC once again to
provide valuable input into TSA's proposed rules, security
directives and aviation security programs which help protect
airports, airlines and their passengers.
Again, thank you for your continued support of airport
operators and on recognizing the value of having stakeholder
input into
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aviation security programs and TSA regulations. We look
forward to working with you on the passage of H.R. 1447.
Sincerely,
Greg Principato,
President, Airports Council International--
North America.
Mr. KING of New York. Mr. Speaker, the private sector is a vital
partner in transportation security, and the ASAC ensures that industry
has a seat at the table as the government works to make our homeland
more secure.
I urge the adoption of this bipartisan bill, and I yield back the
balance of my time.
Ms. JACKSON LEE of Texas. Mr. Speaker, I rise today in support of
H.R. 1447, ``Aviation Security Stakeholder Participation Act of 2011.''
Currently the Transportation Security Administration's (TSA's) Aviation
Security Advisory Committee advises the Assistant Secretary of Homeland
Security on issues related to aviation security. This bill:
(1) authorizes the existence of the Aviation Security Advisory
Committee,
(2) ensures key stakeholders with first knowledge of the security
challenges our aviation system faces have a voice when TSA is
considering implementing security policies and
(3) establishes specific working groups to address cargo, perimeter
and general aviation.
I firmly believe that more can be done to protect and improve upon
the security of our Nation's airways which is why I have consistently
introduced legislation to improve our Nation's defense against security
threats. The District I represent in Houston, Texas is home to two of
the world's busiest airports, and the Johnson Space Center. Air
transportation in the Houston metro area is about 30% above the
national average and in Texas, the aviation industry employs nearly
200,000 people. We need to ensure that all cargo flight operations are
secure, protect aircraft from laser attacks, and implement a threat-
based security system.
Because of the necessity of H.R. 1447's implications, it already has
the support of the U.S. Travel Association, Cargo Airline Association
and the Airports Council International--North America. In addition it
has received the unanimous support of the Committee on Homeland
Security.
Mr. Speaker, these entities and the Homeland Security Committee
recognize it is imperative to continue to ensure to strengthen the
aviation industry's effort to make sure all travelers and cargo are
safe traveling within and through the United States.
Enhanced security protects our economic interests: air cargo is over
a $60 billion industry, and according to the International Air
Transport Association, transports 35% of the value of goods traded
globally. More importantly, implementing this bill will protect our
citizens. Well trained employees and representatives are essential in
recognizing suspicious activity and people that want to endanger our
travelers.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New York (Mr. King) that the House suspend the rules and
pass the bill, H.R. 1447, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. KING of New York. Mr. Speaker, I object to the vote on the ground
that a quorum is not present and make the point of order that a quorum
is not present.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
The point of no quorum is considered withdrawn.
____________________